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Sexually abuses a child under the age of 16

What the Law says - Section 47a of the Crimes Act 1958

A person who persistently sexually abuses a child under the age of 16 to whom he or she is not married is guilty of an indictable offence.

To prove an offence under subsection (1) it is necessary to prove (2A) It is not necessary that the alleged acts be of a similar nature or constitute an offence under the same provision.

that the accused during a particular period (while the child was under the age of 16) did an act in relation to the child which would constitute an offence under a provision of this Subdivision or Subdivision (8A) or (8B); and

that an act which would constitute an offence under a provision of this Subdivision or Subdivision (8A) or (8B) took place between the accused and the child on at least two other occasions during that period.

It is not necessary to prove an act referred to in subsection (2)(a) or (b) with the same degree of specificity as to date, time, place, circumstances or occasion as would be required if the accused were charged with an offence constituted by that act instead of an offence against subsection (1).

A person who is guilty of an offence under subsection (1) is liable to level 2 imprisonment (25 years maximum).

If on the trial of a person charged with an offence against subsection (1) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that the accused did an act during that period which constitutes an offence against Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I, the jury must acquit the accused of the offence charged but may find him or her guilty of that other offence and he or she is liable to punishment accordingly.

Subsection (5) does not restrict the operation of section 421 or 422.

A prosecution for an offence under subsection (1) must not be commenced without the consent of the Director of Public Prosecutions.

Maximum Penalty 25 years imprisonment

If you have been charged with an offence, get legal advice soon as possible – don’t leave it till the last minute.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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